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Does the Court or Arbitrator Determine Arbitrability? Once Again . . .

Calling this a “mind-bending” question that is “the queen of all threshold issues,” the Third Circuit Court of Appeal has held that this question is for the courts to decide, “unless the parties have clearly and unmistakably referred those… Read More
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The Illusion of Coverage Under a Builder’s Risk Policy

The policy didn’t exactly say “all damages are covered unless caused by a peril that is excluded” and “all damages are excluded unless caused by a peril that is covered ” But that description isn’t very far off. And a contractor’s actio… Read More
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Separation of Insured Clause Strikes Again to Deny Coverage

A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the… Read More
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Limitation on Pursuit of Prevailing Wage Law Claims

Workers for a waste disposal company with municipal contracts were not paid prevailing wages, as required by the Massachusetts prevailing wage act. They filed suit for those claims under both the prevailing wage act (PWA) and the Massachusetts wage a… Read More
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A Condition Precedent is a Condition Precedent

Owner and contractor modified the A201 General Conditions to state that a decision by the Initial Decision Maker (presumably the architect) is a condition precedent to arbitration. When the contractor pursued arbitration against the owner for $919,85… Read More
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Sloppy Drafting Needlessly Extends Litigation

A crane operator was tragically killed when a beam being hoisted by the crane crashed onto the top of the cab. The beam fell because the sling selected for the load was inadequate. The sling had been selected by workers for the steel erection company… Read More
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Insurance Exclusion Negates Additional Insured Coverage

So you think your additional insured status as a GC provides protection against claims by your sub’s injured workers? Think again. General contractors commonly require subs to include the GC as an additional insured party on the sub’s general lia… Read More
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Owner’s Property Insurer Could Pursue GC and Sub for Repayment

A waiver of subrogation clause is common in construction contracts, relative to property or builder’s risk insurance. It is not just a risk allocation tool, but an insurance risk allocation tool. When there is no waiver of subrogation, does other l… Read More
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OSHA COVID-19 Recordable Requirements Now Apply to Construction Sites

Contractors of all types take note. On May 19, 2020, OSHA issued “Revised Enforcement Guidance for Recording Cases of Coronavirus Disease.” The new guidelines apply to any employer with more than 10 employees, and are in effect as of May 26, 2020… Read More
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Inconsistent Forum Selection Language Affected Enforcement

Courts typically enforce forum-selection clauses unless there is a public policy reason not to do so. A New Jersey appellate court has refused to enforce a forum selection clause when the contract terms were ambiguous. The Pike Company contracted wit… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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